Landreth v. Malik

Douglas, C.J.,

with whom Pickering, L, agrees,

dissenting:

I would deny the petition for rehearing and, therefore, I dissent.

While reasonable minds may disagree as to the plain meaning of a constitutional provision, I am concerned that the majority’s opinion short-circuits standard jurisdictional requirements by implying that a district court judge enlarges the family court’s jurisdiction simply by showing up for work. A court may exercise judicial power only when it has subject matter jurisdiction. Rhode Island v. Massachusetts, 37 U.S. 657, 718 (1838) (“Jurisdiction is the power to hear and…